Rescission Of Policy Not Permitted Based On Ambiguity In Application Question

(September 2, 2022, 9:37 AM EDT) -- BROOKLYN, N.Y. — A breach of contract claim alleged against a commercial property insurer can proceed because the insurer failed to show that its rescission of the insurance policy was based on a material misrepresentation, a New York federal judge said Aug. 16 in explaining that there could be no misrepresentation by the insureds as a question in the insurance policy application regarding the number of apartment units was ambiguous....